The Rules Committee of the National Council of Provinces, having considered proposals for the amendment of the Rules of the National Council of Provinces, recommends the following amendments to the Rules:
Rule 1: Definitions
To amend the definition of the word "sitting day" by the insertion of the words underlined:
"sitting day", with reference to the Council, means a day on which the Council sits in plenary and it includes committee meetings;
Rule 5: Public participation
To amend Rule 5(3) by the insertion of the words underlined:
5. (3) The public has access to all official notices to members and to all documents tabled in the Council, subject to reasonable measures taken by the Chairperson of the Council to regulate such access, in a manner consistent with national laws.
Rule 10: Acting Chairperson
To amend Rule 10 by the deletion of the words in bold brackets:
10. (1) ........
(a) ............
(b) ............
[(c) The Chairperson of Committees.]
[(d) The Deputy Chairperson of Committees.]
Rule 17: Absence of permanent members
To amend Rule 17 by the deletion of the words in bold brackets and insertion of the words underlined:
17. (1) A person ceases to be a permanent member of the Council if that person is voluntarily and without leave absent from the Council on each 15 consecutive [sitting days] sittings of the Council or committee of the Council.
(2) A permanent member seeking leave to be absent from the Council for a period covering 15 or more consecutive [sitting days] sittings of the Council or committee of the Council, must apply for such leave to the Council.
Rule 103: General powers of committees
To amend Rule 103(2)(a) and (b) and (3) by the deletion of the words in bold brackets and insertion of the words underlined:
103. (2) .............
(a) [only with the concurrence of the Chief Whip of the Council; and] only with the permission of the Chief Whip of the Council after consultation with provincial whips and whips designated by parties; and
(b) [after the most senior whips of the parties have been consulted.] with the approval by the Chairperson of the Council.
(3) [If a committee wants to sit at a venue beyond the seat of Parliament, or on a day that is not a working day, it must, in addition, obtain the permission of the Chairperson of the Council.]
Rule 154: Composition
To amend Rule 154(a) by the deletion of the words in bold brackets and insertion of the words underlined.
154. ..............
(a) Each province is entitled to an equal number of permanent members [appointed] nominated by its delegation head.
Rule 166: Chairperson's functions when section 76(1) Bills are received from Assembly
To amend Rule 166(a) by the insertion of the words underlined:
166. ...............
(a) send a copy or electronic transmission of the Bill and the annexures to the Speaker of each provincial legislature for purposes of enabling the legislature to confer authority on its delegation to vote on the Bill; and
Rule 230: Lapsing and resumption of proceedings on Bills
To amend Rule 230(1) in order to bring it in line with the provision of the Constitution by the deletion of the words in bold brackets and the addition of the words underlined:
230. (1) [An order of the day in respect of any Bill which is in the possession of the Council when it rises on the last sitting day in any annual session, lapses, but may be reinstated on the Order Paper during the next ensuing session by resolution of the Council.]
230. (1) All Bills introduced in the Council and which have not yet been passed by the Council in terms of Rule 197, when it rises on the last sitting day in any annual session, lapses, but may be reinstated on the Order Paper during the next ensuing session by resolution of the Council.
Rule 240A: Executive statements
To add Rule 240A by the insertion of the underlined words:
Executive statements
240A. (1) A member of the executive may make a factual or policy statement relating to government policy, any executive action or other similar matter of which the Council should be informed.
(2) The time allocated for executive member making an executive statement in terms of subrule (1) may not exceed 20 minutes, except with the consent of the Council.
(3) Whenever possible, a copy of an executive statement must be delivered to the members of the Council at or before the time that the statement is made in the Council.
(4) After any executive statement has been made, the executive member concerned may, if applicable, table a background information.
(5) Following any executive statement a member from each provincial delegation or were applicable a member of each of the party may comment on the executive statement.
(6) Such comment shall not exceed three minutes per province and were applicable per party.
Rule 241: Resolutions affecting the executive
To amend Rule 241 by insertion of the words underlined:
241. Resolutions of the Council affecting the executive must be communicated to the President by the Secretary, and a response may be communicated to the member who initiated the resolution.
Rule 243: National interventions in provinces
To amend Rule 243(3) by the deletion of the words in bold brackets and insertion of the words underlined:
243. (3) The Chairperson of the Council must refer the matter to the [select committee responsible for constitutional affairs] appropriate committee of the Council.
Rule 244: Provincial interventions in local government
To amend Rule 244(3) by the deletion of the words in bold brackets and insertion of the words underlined:
244. (3) The Chairperson of the Council must refer the matter to the [select committee responsible for constitutional affairs] appropriate committee of the Council.
Report to be considered.